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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Capstar TX, LLC ) File No.: EB-FIELDWR-13-00012930 )
Licensee of Station KPHT-FM1 ) NOV No.: V201432800024
)
Pueblo, CO ) Facility ID: 164838
NOTICE OF VIOLATION
Released: March 20, 2014
By the District Director, Denver Office, Western Region, Enforcement Bureau:
* This is a Notice of Violation (Notice) issued pursuant to Section 1.89 of the Commission's rules (Rules) to Capstar TX, LLC (Capstar), licensee of FM booster station KPHT-FM1 serving Pueblo, CO. Pursuant to Section 1.89(a) of the Rules, issuance of this Notice does not preclude the Enforcement Bureau from further action if warranted, including issuing a Notice of Apparent Liability for Forfeiture for the violation noted herein.
* On December 20, 2013, an agent of the Enforcement Bureau's Denver Office inspected FM booster KPHT-FM1 located by Pueblo, CO, and observed the following violations:
+ 47 C.F.R. § 74.1265(b): "The call sign of the translator or booster together with the name, address, and telephone number of the licensee or local representative of the licensee if the licensee does not reside in the community served by the translator or booster, and the name and address of a person and place where station records are maintained, shall be displayed at the translator or booster site on the structure supporting the transmitting antenna, so as to be visible to a person standing on the ground at the transmitter site. The display shall be prepared so as to withstand normal weathering for a reasonable period of time and shall be maintained in a legible condition by the licensee." During the inspection conducted on December 20, 2013, the agent observed that there was no signage with the required information posted at the transmitter site.
* Pursuant to Section 308(b) of the Communications Act of 1934, as amended, and Section 1.89 of the Rules, we seek additional information concerning the violations and any remedial actions taken. Therefore, Capstar must submit a written statement concerning this matter within twenty (20) days of release of this Notice. The response (i) must fully explain each violation, including all relevant surrounding facts and circumstances, (ii) must contain a statement of the specific action(s) taken to correct each violation and preclude recurrence, and (iii) must include a time line for completion of any pending corrective action(s). The response must be complete in itself and must not be abbreviated by reference to other communications or answers to other notices.
* In accordance with Section 1.16 of the Rules, we direct Capstar to support its response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized officer of Capstar with personal knowledge of the representations provided in Capstar's response, verifying the truth and accuracy of the information therein, and confirming that all of the information requested by this Notice which is in the licensee's possession, custody, control, or knowledge has been produced. To knowingly and willfully make any false statement or conceal any material fact in reply to this Notice is punishable by fine or imprisonment under Title 18 of the U.S. Code.
* All replies and documentation sent in response to this Notice should be marked with the File No. and NOV No. specified above, and mailed to the following address:
Federal Communications Commission
Denver Office
P.O. Box 25446
One Denver Federal Center - Building 1A
Lakewood, CO 80225-0446
* This Notice shall be sent to Capstar TX, LLC, at its address of record.
* The Privacy Act of 1974 requires that we advise you that the Commission will use all relevant material information before it, including any information disclosed in your reply, to determine what, if any, enforcement action is required to ensure compliance.
FEDERAL COMMUNICATIONS COMMISSION
Nikki P. Shears
District Director
Denver Office
Western Region
Enforcement Bureau